CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

[geevee]

This doesn't happen. Ever. Unless you're Steven Avery. This is not a case of planted evidence.

It's Chase Merritt's name on all those backdated checks.

It's Chase Merritt's truck on the video.

It's Chase Merritt calling QB posing as Joseph to delete the account he wrote the checks from.

It's Chase Merritt's phone pinging the tower near the burial site.

It's Chase Merritt who went on to steal more money from the family after the murders.

Precisely.

 

[missy1974]

Well it's a good thing Maline passed on questioning for today. Made me nervous when he said he will need 30 minutes to get up to speed.

It was probably a good call on his part and on the judges for not pushing it...

 

[Karinna]

I have no idea what state law the link you posted is referring to. In California it’s $140 for everyday in custody, rubber stamped, but when considering other factors such as a potential malicious prosecution it could go well into the millions. So figure about $230K without any civil litigation. This amount should last CM at least a week or two at the poker tables.
Claims for Erroneously Convicted Persons — CalVCB

But you are talking about an erroneous conviction, (wrongful conviction), and i was talking about compensation for an acquittal.
As another poster just stated earlier, Merritt isn't Steven Avery.
Your link didn't work for me either.

 

[missy1974]

I did NOT hear that they are calling Dan by the way...

or his ex for that matter...

 

[Texas Red]

So, what happens if McGee is really sick? Can Maline continue without him?

I would think so, after all most defendants have only one lawyer representing them.

 

[oceanblueeyes]

If he is acquitted he doesn't get large monetary compensation to my knowledge.
(quote)
Anyone found not guilty may apply to the judge to have his legal costs paid out of central funds; this is not automatic, but is usual if the court agrees that the charges should not have been brought. The amount payable is set out by regulations depending on where the case was heard; since October 2012 it has been set at legal aid rates, which are unlikely to cover a full defence team. Somebody who did not have a lawyer can charge for the time he himself spent on the case, but this is assessed at a standard rate similar to minimum wage, even if he happens to be an expensive lawyer.
Defendant compensation after not guilty verdict

Imo, this will not apply to CM.

The only time I've seen any defendant compensated is if they can produce irrefutable evidence that would completely exonerate them.

If CM had such irrefutable proof he would have produced it way before now. He hasn't. He can't even verify his alibi for the day in question. Just because CJ, and his daughter says so is not concrete proof of anything.

Being found NG in no way says CM is innocent. It just would mean the jury felt the DA didnt prove their case. Which won't happen anyway imo.

It seems some are under the false impression that BARD is a easy peasy hurdle to overcome for defendants. Riiight. Lol! It's not based on some imaginary or fanciful doubt. Defense attorneys know all too well it's a high burden for them to overcome. That's the reason in the vast majority of cases they got their butt kicked many more times, than not.

I read an article a few years back stating defense attorneys win about 10% of their cases, and many of them were high priced defense attorneys.

That's why they are able to put their wins up on the wall in their office. Lol!

Prosecutors wouldnt begin to have enough wall space to even begin to put up all of their cases that have ended in convictions which were proven BARD. Lol!

Jmo

 

[Recidivist]

I have no idea what state law the link you posted is referring to. In California it’s $140 for everyday in custody, rubber stamped, but when considering other factors such as a potential malicious prosecution it could go well into the millions. So figure about $230K without any civil litigation. This amount should last CM at least a week or two at the poker tables.
Claims for Erroneously Convicted Persons — CalVCB

That is for individuals who were wrongly convicted. Chase will NOT be compensated by the state for the time he spent in jail awaiting trial.

 

[Karinna]

Imo, this will not apply to CM.

The only time I've seen any defendant compensated is if they can produce irrefutable evidence that would completely exonerate them.

If CM had such irrefutable proof he would have produced it way before now. He hasn't. He can't even verify his alibi for the day in question. Just because CJ, and his daughter says so is not concrete proof of anything.

Being found NG in no way says CM is innocent. It just would mean the jury felt the DA didnt prove their case. Which won't happen anyway imo.

It seems some are under the false impression that BARD is a easy peasy hurdle to overcome for defendants. Riiight. Lol! It's not based on some imaginary or fanciful doubt. Defense attorneys know all too well it's a high burden for them to overcome. That's the reason in the vast majority of cases they got their butt kicked many more times, than not.

I read an article a few years back stating defense attorneys win about 10% of their cases, and many of them were high priced defense attorneys.

That's why they are able to put their wins up on the wall in their office. Lol!

Prosecutors wouldnt begin to have enough wall space to even begin to put up all of their cases that have ended in convictions which were proven BARD. Lol!

Jmo

Exactly. ITA.

 

[Force Ten]

I did NOT hear that they are calling Dan by the way...

or his ex for that matter...

Or Patrick. He was on their list too. I guess their Dan theory has fizzled out.

 

[Texas Red]

It seems some are under the false impression that BARD is a easy peasy hurdle to overcome for defendants. Riiight. Lol! It's not based on some imaginary or fanciful doubt. Defense attorneys know all too well it's a high burden for them to overcome. That's the reason in the vast majority of cases they got their butt kicked many more times, than not.

The burden is upon the prosecution to overcome not the defense.

 

[Texas Red]

Or Patrick. He was on their list too. I guess their Dan theory has fizzled out.

Did you hear that they weren't calling him?

 

[la2cabo]

That is for individuals who were wrongly convicted. Chase will NOT be compensated by the state for the time he spent in jail awaiting trial.

Of course he won't get compensated. O.J. Simpson is a prime example. He sat in jail awaiting trial, was found not guilty and didn't receive a dime.

 

[Force Ten]

I have no idea what state law the link you posted is referring to. In California it’s $140 for everyday in custody, rubber stamped, but when considering other factors such as a potential malicious prosecution it could go well into the millions. So figure about $230K without any civil litigation. This amount should last CM at least a week or two at the poker tables.
Claims for Erroneously Convicted Persons — CalVCB

Explain "malicious prosecution" in regards to this trial.

 

[Karinna]

Of course he won't get compensated. O.J. Simpson is a prime example. He sat in jail awaiting trial, was found not guilty and didn't receive a dime.

Exactly, and same with Casey Anthony.

 

[Force Ten]

Did you hear that they weren't calling him?

We've heard who they are calling and it doesn't appear he is one of them. This is pretty much done.

 

[Texas Red]

I've seen any defendant compensated is if they can produce irrefutable evidence that would completely exonerate them.

A preponderance of the evidence.
There are dozens of more examples at the same site this came from.
https://victims.ca.gov/docs/pc4900/PC-4900-Approved-Alcox.pdf

 

[la2cabo]

A preponderance of the evidence.
There are dozens of more examples at the same site this came from.
https://victims.ca.gov/docs/pc4900/PC-4900-Approved-Alcox.pdf

If Merritt gets convicted he would have to appeal and win the appeal in order to request compensation. By the time the appeals process is finished Merritt would be dead and buried.

 

[Karinna]

A preponderance of the evidence.
There are dozens of more examples at the same site this came from.
https://victims.ca.gov/docs/pc4900/PC-4900-Approved-Alcox.pdf

I don't think any of it matters at this stage anyway because this Trial is not done, and the Jury have not returned a verdict yet. So a moot point really.

 

[Texas Red]

We've heard who they are calling and it doesn't appear he is one of them. This is pretty much done.

I take that to mean you didn't hear, so, apparently, we just don't know.

 

[mrjitty]

Explain "malicious prosecution" in regards to this trial.

Yeah

Call me old fashioned but if you want to make out a legal course of action applies you need to set out the legal tests and explain what evidence indicates they are met

I say this as someone who wrote an hons paper on malicious prosecution.

But I am not going to bother posting about it because it doesn't apply in this case.